This week, we take a look at one Ninth Circuit decision
addressing the difficult Article III issues that arise in certain
types of consumer class actions, and another in which the Ninth
Circuit examined the application of the Stored Communications Act
to emails backed up on a private server.
The Court holds that a plaintiff failed to plausibly allege
Article III standing stemming from her purchase and consumption of
popcorn containing artificial trans fats.
Panel: Judges Tashima, Wardlaw, and Pratt
(S.D. Iowa), with Judge Tashima writing the opinion.
Key highlight: “We agree with McGee that
these injuries, e.g., damage to one's vital organs and
permanent degradation of one's cognitive abilities, would be
sufficient to satisfy Article III standing for her non-UCL
claims. We are not persuaded, however, that McGee has
plausibly alleged that she suffered these injuries.”
